In recent months, the European Commission has faced a surge in protectionist moves by Member States designed to protect national companies from foreign acquirers. To resist those attempts, it has relied on a relatively peculiar yet theoretically powerful tool: Article 21 of the EC Merger...

Africa has the African Continental Free Trade Area (AfCFTA). The agreement will lower tariffs and facilitate internal market trade on the Continent, and policy makers hope that it will help lift 30 million people out of poverty. A competition protocol is now in the process of negotiation and...

The International Competition Network is one of the several new transnational networks of specialized government officials. Unlike some others, this network is not intended to be a new form of governance. It has no secretariat, no land address, and notionally no power. It is intended to bring...

This article is about the reach of antitrust laws to proscribe or override anticompetitive acts and measures of the states. While it was once the case that antitrust (or competition) laws were reserved for private restraints, a more modern view of the state and the market recognizes the integral...

This book offers an unparalleled analysis of the emerging law and economics of competition policy in Latin America. Nearly all Latin American countries now have competition laws and agencies to enforce them. Yet these laws and agencies are relatively young. The relative youth of Latin American...

: E58, E65, G21, G28, K21, K22

Using the Italian Trailers judgment of the European Court of Justice as an entry point, the present paper attempts to develop an effects-driven typology of barriers to cross-border trade in goods within the EU based on their trade-distorting potential, i.e., their relative gravity. In so doing,...

Price discrimination is an ambiguous concept: its welfare effects on consumers are generally uncertain and the contours of its legality are unclear. This paper aims to clear up the ambiguities surrounding the enforcement of Article 82(2)(c) of the EC Treaty, which holds that dominant companies...

The present contribution aims to assess the extent to which the advent over the past ten years of a so-called “effects-based approach” in the enforcement of EU competition law has modified the notion of restriction of competition in relation to agreements and other collaborative...